June 15, 2009, 15:56
David HolmesJuvenile Probation Officer = peace officer?
I have a situation where a JJAEP student who was being disruptive was put into restraints by a juvenile probation officer and resisted. Don't really think that it would meet elements of assault on a public servant, so I wanted to file as resisting arrest or detention. Problem is that the elements require that the resisting be from a peace officer. Anybody aware of any equivalent status given a juvenile officer in the law?
David Holmes
ACA - Hill County
June 17, 2009, 10:50
Stacey L. BrownleeOnly if they are commissioned as contemplated under 2.12 (35)
but you might look at In the Matter of MMR 932 sw2d 112